Case law

Harmon v. Causeway Automotive

Superior Court of Maine · Sep 23, 2007

The United States Supreme Court has addressed the extent to which a single contract can constitute a contact for due process analysis, holding that an out-of-state party's contract with an individual alone is "clearly … " not enough to "establish sufficient minimum contacts" with the individual's home forum.

Friends of Congress Square Park v. City of Portland

Superior Court of Maine · Aug 8, 2014

4  The City reads Wyman to prohibit pre-screening initiative petitions only on the substance of the proposed legislation, where the right to petition is otherwise clearly … The City relies on two California cases to establish that voter initiatives cannot touch on administrative matters.

Mabee v. Board of Environmental Protection

Superior Court of Maine · Nov 18, 2021

TRI determination was not an adjudication of property rights or a grant of legal ownership; TRI is a threshold question to ensure State resources are not squandered investigating permit applications which the applicant clearly … The record shows the BEP found Nordic qualifies as a “minor source” because of the fuel limit imposed in the AEL.

Landry v. Bacon

Superior Court of Maine · Jan 29, 2018

Although plaintiff challenged at trial the payments made from these accounts, household bills clearly were paid from the accounts. Two checks were written to defendant in 2007 from the USAA and TD Bank North accounts. … Sergeant Williams was qualified to establish that the tape of his interview with Ms. Bacon was a record of a regularly conducted activity by the Windham Police Department. M.R. Evid. 803(6). Additionally, Ms.

N.E. Marine Towing and Constr., Inc. v. City of Ellsworth

Superior Court of Maine · Apr 17, 2008

Under its terms, W&C is immunized from any claims based on decisions and actions made in good faith. Simply put, NEM has not established that W&C acted in a way that fell short of good faith in any aspect of its role. … As will be seen, this point is clearly demonstrated by the effectiveness of the dredging work that Prock performed after NEM was terminated from the project.

Maietta Constr., Inc. v. City of Portland

Superior Court of Maine · Jun 4, 2004

The burden of proof clearly rests with a party seeking to overturn an administrative decision.” Id. (citations and quotations omitted). … To survive a defendant's motion for a summary judgment, a plaintiff must establish a prima facie case for each element of the cause of action. Id. (citing Doyle v.

La Posa Property Owners Ass'n v. Todey

Superior Court of Maine · Dec 10, 2007

the court infers from all the agreed facts that defendant resides on lot #7 of the subdivision. 2 Plaintiff objects to 12-15 of defendant's Opposition to Plaintiff's Statement of Additional of Material Facts, because in qualifying … "In the same case, as in numerous others, it is held that to establish a 'residence' within the meaning of the 4 See 36 M.R.S.A. § 5102(5) (tax code definition of "resident individual") and 21-A M.R.S.A. 112 (election

Arsenault v. Blue Water Emergency Partners

Superior Court of Maine · Apr 22, 2021

It clearly serves the purpose of the statutes governing settlements of fewer than all the parties to allow the remaining parties to know the terms of the settlement to the extent they affect the rights and liabilities ofthe … Shoham have so testified, the Defendant has qualified Dr. Miller's statements, arguing both that: the impact earlier treatment may have had on Mr. Arsenault's survival is unknowable; and Mr.

American Holdings v. Town of Naples

Superior Court of Maine · Mar 23, 2015

only if a moving party presents newly discovered evidence, if there has been an intervening change in the law, or if the moving party can demonstrate that the original decision was based on manifest error of law or was clearly … Under the Plaintiff's interpretation, only retail/service establishments would. qualify ns "commercial."

Jacqmin v. Savilinx

Superior Court of Maine · Sep 20, 2022

It is undisputed that no information from Jacqmin’s computer monitor, let alone any numeral, letter, or symbol, is immediately legible in the Photograph, clearly or otherwise. 4 Even if Jacqmin has reasonable cause to … Me. 2010) (the employer-employee relationship does not qualify as a special relationship for NEID claims).

Bean v. Superior Trucking, LLC

Superior Court of Maine · Feb 20, 2019

Neither the Rule 60(b )( 1) and 60(b )(6) motion for relief nor the motion to reinstate qualify for relief Plaintiffs recourse for challenging the trial court's dismissal of his action was to appeal, as he in fact did … in regard to the failure as are just, and among others the following: (A) An order that the matters regarding which the order was made or any other designated facts shall be taken to be established

Gasque v. King

Superior Court of Maine · Jun 6, 2005

Spring Harbor opposed Gasque’s petition, arguing Gasque’s right to effective counsel was not established, and was adequately protected. … This is clearly not the case. See, e.g., Lewis v.

Fox Island Granite Co., Inc. v. American Granite Manufacturers, Inc.

Superior Court of Maine · Apr 27, 2005

The complaint establishes that the plaintiff is a Maine corporation and the defendant is a Massachusetts corporation. … It is further clear that numerous communications were sent by plaintiff to defendant on stationery of the plaintiff corporation, clearly putting defendant on notice that Fox Island Granite Company, Inc. was the main party-in

Miller v. Maine Dep't of Corr.

Superior Court of Maine · Nov 17, 2004

In fact, in that case Miller filed an affidavit, presumably to establish himself as a member of the class, which recites that he is the petitioner in this case and incorporates his claims with those in the Long Timers matter … Futility in pursuing the final step in the process may qualify as a basis to conclude that the process would not provide an adequate remedy. Minster v. Town of Gray, 584 A.2d 646, 648 (Me. 1990).

Dyer v. Superintendent of Ins.

Superior Court of Maine · Jan 18, 2012

Testimony that is so farfetched as to compel disbelief is substantially the same as whether a factual finding is clearly erroneous: "A finding of fact is clearly erroneous if no record evidence exists to support it or … It should be carefully considered and weighed with all of the other evidence in the case, and with all of the inferences to be properly drawn from facts established by the evidence; but if, on the whole

John T. Cyr & Sons, Inc. v. State Tax Assessor

Superior Court of Maine · Jan 16, 2008

Between August 2001 and March 2004, petitioner purchased 26 motor coaches exempt from sales and use tax based on its belief that the coaches were qualified for exemption as "instrumentalities of interstate commerce." … "An exemption from taxation, while entitled to reasonable interpretation in accordance with its purpose, is not to be extended by application to situations not clearly coming within the scope of the exemption provisions

Bates v. The Bd. Of Trustees, Maine State Retirement Sys.

Superior Court of Maine · Oct 9, 2008

The Board compared the plan established by section 17851(5-B) to the plan established under section 17851(8) and found that the absence of an age limit in section 17851(5-B) was "substantial." (R. at 23.6.) … Because the court finds in favor of the respondents on this issue, the respondents' alternative arguments as to why summary judgment should be granted in their favor- including the statute of frauds, and sovereign immunity-need

Daigle v. Northwest Trailer Park P'ship

Superior Court of Maine · May 1, 2002

“Such a contract must expressly restrict the employer’s common law right to discharge the employee at will and clearly limit the employer to the enumerated method or methods of terminating the employment.” Id. … Janet Daigle has not pointed out any written agreement, or provided the court with evidence of any oral agreement, that would abrogate or qualify the employer’s right to terminate Janet Daigle’s employment.

Gagne v. Town of Dresden

Superior Court of Maine · Jan 4, 2002

Historically, these areas have accommodated a mix of residential and nonresidential uses along established roadways. … “Undefined terms should be given their common and generally accepted meaning unless the context clearly indicates otherwise.” Id.

Kohl's Dep't Stores, Inc. v. Liberty Mut. Ins. Co.

Superior Court of Maine · Oct 11, 2012

Thus, although the Law Court and the rule clearly indicate the common interest doctrine applies to co-defendants or parties with a common interest in the same litigation, the Law Court has not addressed whether an insurer … The party seeking to protect material from disclosure has the burden of establishing that it is work product. Springfield Terminal Ry. Co., 2000 ME 126, ,-r 15, 754 A.2d 353.